Milpitas Municipal Code Ch. 9 Parks

"Park" shall mean any tract of ground, pond or lake owned, operated, or maintained by the City of Milpitas, set aside and maintained for public use and recreation. The term shall include all buildings and structures and all recreational facilities thereon or in connection therewith.

(Ord. 133.4 (part), 10/4/74: Ord. 133.1 (part), 6/4/74)

"Person" shall mean any individual, firm, association, organization, partnership, joint venture, trust or corporation.

(Ord. 133.1 (part), 6/4/74)

"Picnic Area" shall mean that park area wherein picnic tables for eating and/or braziers for cooking are permanently installed.

(Ord. 133.1 (part), 6/4/74)

It shall be unlawful for any person to do any of the following acts within any park in the City of Milpitas.

(Ord. 133.1 (part), 6/4/74)

Cutting, carving, painting, marking, pasting or fastening, writing, inscribing on or defacing any tree, shrub or other plant, fence, wall, building, monument or other structure, or any other object connected with the property.

(Ord. 133.1 (part), 6/4/74)

Climbing on any tree, shrub or other plant, fence, wall, building, or monument.

(Ord. 133.1 (part), 6/4/74)

Picking, cutting, breaking, digging up, dumping any substance as to cause damage to or in any way mutilating or injuring any turf, flower, foliage, tree, fruit, shrub or other plant, fence, wall, building, monument or other structure or any other object connected with the property.

(Ord. 133.1 (part), 6/4/74)

Digging up, excavating or removing any dirt, stone, rock or other substance, or digging any hole or making any excavation or quarrying any stone or causing to assist or using any pyrotechnic device in any of these premises.

(Ord. 133.1 (part), 6/4/74)

Throwing or propelling any rocks, clods or similar objects.

(Ord. 133.1 (part), 6/4/74)

Removing or breaking any light bulb, protective lens or reflector in any light or in any way tampering or interfering with the operation of any electrical fixture.

(Ord. 133.1 (part), 6/4/74)

Removing, breaking or overturning any trash or garbage receptacle.

(Ord. 133.1 (part), 6/4/74)

A male person entering a restroom designated for a woman, or a female person entering a restroom designated for men; PROVIDED HOWEVER, this shall not apply to children under seven (7) years of age in the company of a parent or guardian entering a restroom designated for the sex of said parent or guardian.

(Ord. 133.1 (part), 6/4/74)

Leaving or throwing away any garbage, refuse, rubbish (including, but not limited to, cans, ashes, bottles, broken glass, lawn clippings, junk) or other waste matter in any place, (except the disposal of waste matter generated in the park) in designated containers.

(Ord. 133.1 (part), 6/4/74)

Placing any edibles, dishes, chemicals, cooking utensils or other like things in any stream, lake, pond or pool or otherwise polluting such water.

(Ord. 133.1 (part), 6/4/74)

(a) Possessing or consuming any alcoholic beverage, other than beer or wine.

(b) Possession or consumption of any alcoholic beverage in areas within parks which are conspicuously posted prohibiting said possession or consumption.

(Ord. 133.1 (part), 6/4/74)

The intentional breaking, shattering or other destruction of any glass container or other glass or ceramic object within any park when such breaking, shattering, destruction constitutes a hazard to public safety.

(Ord. 133.1 (part), 6/4/74)

It shall be unlawful for any person to do any of the following acts within any park in the City of Milpitas, except in areas specifically designated therefor, and in accordance with posted regulations therefor.

(Ord. 133.1 (part), 6/4/74)

Building or lighting any fire.

(Ord. 133.1 (part), 6/4/74)

Operating any gasoline or similarly fueled model plane, car, rocket or torpedo; or operating any motorized model boat.

(Ord. 133.4 (part), 10/4/94: Ord. 133.1 (part), 6/4/74)

Batting a baseball or hitting a golf ball except on a posted ball park or golf facility. As used herein, the term "ball" does not apply to an air-filled ball.

(Ord. 133.1 (part), 6/4/74)

(a) Riding, driving, walking or leaving standing any horse or other non-domesticated animal at/on any place other than posted bridle paths;

(b) Not maintaining control of any animal belonging to him or in his care.

(Ord. 133.1 (part), 6/4/74)

(a) Motorcycle, automobile or any other motor vehicle use within any park, with the exception of designated parking areas.

(b) Under certain unusual circumstances, to be determined at the time a permit for park use is issued, a motor vehicle or vehicles may be used for the specific purpose of aiding in the preparation for, conduct of, and/or cleanup following said permit use, and, when such use is allowed, the permit holder will be responsible for the safe and proper use of said vehicle or vehicles and any damage resulting from said vehicle use.

(Ord. 133.1 (part), 6/4/74)

Erecting any building or structure.

(Ord. 133.1 (part), 6/4/74)

Swimming, wading or bathing in any stream, lake, pond, lagoon or pool, except in areas specifically designated therefor.

(Ord. 133.2, 8/17/76: Ord. 133.1 (part), 6/4/74)

Use of any bicycle, skates, skateboards or any other like devices operated on wheels or rollers within the fenced enclosure of tennis courts.

(Ord. 133.2, 8/17/76: Ord. 133.1 (part), 6/4/74)

Unless a written permit is first obtained from the City Manager or his authorized agent, and subject to such conditions as may be imposed in connection therewith, it shall be unlawful for any person, firm or corporation to do any of the following acts within any park in the City of Milpitas.

(Ord. 133.1 (part), 6/4/74)

The conduct of any trade, calling, occupation, business or profession (including, but not limited to, the business of peddling, hawking or vending any goods, wares or merchandise of any kind). (The Council declares it to be its intent that permits hereunder shall be granted only in exceptional circumstances of benefit to the community at large.)

(Ord. 133.1 (part), 6/4/74)

The solicitation of donations.

(Ord. 133.1 (part), 6/4/74)

Trapping, catching, injuring, annoying, molesting, or destroying any domestic or wild animal.

(Ord. 133.1 (part), 6/4/74)

Remaining or staying in said park at any time between the hours of ten (10) p.m. and dawn.

(Ord. 133.5 (part), 2/20/01: Ord. 133.1 (part), 6/4/74)

The use of any loudspeaker or other noise-amplifying device.

(Ord. No. 196.12, § 2, 11/7/23; Ord. 196.8(2), 11/7/06; Ord. 133.1, 6/4/74)

The provisions of this Chapter shall not apply to any officer or employee of the City charged with park maintenance duties while performing such duties in the scope of his employment or any member of the City Police, Fire or Health Department while on duty.

(Ord. 133.1 (part), 6/4/74)

6.01 The City Council may establish and change opening and closing hours for any park by minute action or resolution.

When signs are placed in the park conspicuously giving notice of hours of closing, it shall be unlawful for any person to be in said park while it is closed.

6.02 Any section of a park may be declared closed to the public by the City Manager or by designated agents of the Manager at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or in part.

(Ord. 133.5 (part), 2/20/01; Ord. 133.3, 8/5/86: Ord. 133.1 (part), 6/4/74)

The City Council shall have the power to establish rules and regulations consistent with the provisions of this Chapter for the purpose of its enforcement and administration.

(Ord. 133.1 (part), 6/4/74)

7.01-1 The purpose of this ordinance is to provide regulations governing the conduct of dogs and handlers using the dog park for the purpose of enforcement and administration.

7.01-2 The following regulations shall apply at the City-operated dog park at Ed Levin Park:

1. Only dogs, dog handlers, and those persons accompanying them are allowed in the dog park.

2. Dog handlers must be sixteen (16) years of age or older. Any person under sixteen (16) years of age in the dog park must be accompanied by a person eighteen (18) years or older.

3. A dog handler, as defined herein, shall accompany his or her dogs at all times.

4. Dog handlers are responsible for picking up and properly disposing of all feces deposited by their dogs.

5. No more than two dogs per handler will be permitted in the park at one time.

6. Dogs in heat are not permitted in the park.

7. Dogs must be vaccinated and free of communicable illness and disease.

8. Dogs must wear proof of current license.

9. Dogs must be under voice control of their handler.

10. Dogs displaying aggressive or anti-social behavior are not permitted in the park. Upon signs of aggression or anti-social behavior the dog will immediately be required to leave the park.

11. All other City of Milpitas park rules apply to use of the dog park.

12. Only dogs less than 20 inches from the top of the shoulders are allowed in the "Small Dog Area."

13. Dogs must be leashed when entering and exiting the park.

14. Users of the dog park do so at their own risk. Neither the County nor the City shall be liable for any injury or damage caused by any dog in the dog park.

(Ord. 133.6, 4/15/03)

7.02-1 The purpose of this subsection V-9-7.02 is to provide regulations governing the conduct of Milpitas Skate Park users for the purpose of enforcement and administration in addition to the general regulations in Chapter 9.

7.02-2 The following regulations shall apply at the Milpitas Skate Park:

1. Users are required to wear helmets, knee pads and elbow pads at all times in the skate bowls.

2. Non-city provided obstacles, ramps or jumps are not allowed.

3. Skate Park use is on a first-come, first-served basis. The facility is open to all skateboarders, roller skaters, cyclists, wheelchair users and others operating non-motorized, wheeled devices.

4. Users under twelve (12) years of age must be accompanied by a parent or guardian.

5. Unsafe or reckless behavior is not allowed.

6. Glass is not allowed.

7. Drinking or eating on the skate surface is not allowed.

8. Smoking and vaping are not allowed.

9. Animals are not allowed in the skate bowls.

10. Users of the Skate Park do so at their own risk. The City provides no on-site supervision. The City shall not be liable for any injuries or damage resulting from the use of this facility.

(Ord. No. 304, § 2, 2/18/20)